SCHEDULES

SCHEDULE 1 AMENDMENT TO STATEMENT OF SPECIAL EDUCATIONAL NEEDS

Part 1 PROCEDURE FOR MAKING AMENDMENT TO STATEMENT OF SPECIAL EDUCATIONAL NEEDS

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For paragraph 2 substitute—

2

1

Before making a statement, a local education authority shall serve on the parent of the child concerned a copy of the proposed statement.

2

But that is subject to sub-paragraphs (3) and (4).

3

The copy of the proposed statement shall not specify any prescribed matter.

4

The copy of the proposed statement shall not specify any matter in pursuance of section 324(4).

2AAmendments to a statement

1

A local education authority shall not amend a statement except—

a

in compliance with an order of the Tribunal,

b

as directed by the Secretary of State under section 442(4), or

c

in accordance with the procedure laid down in this Schedule.

2

If, following a re-assessment review, a local education authority propose to amend a statement, they shall serve on the parent of the child concerned a copy of the proposed amended statement.

3

Sub-paragraphs (3) and (4) of paragraph 2 apply to a copy of a proposed amended statement served under sub-paragraph (2) as they apply to a copy of a proposed statement served under paragraph 2(1).

4

If, following a periodic review, a local education authority propose to amend a statement, they shall serve on the parent of the child concerned—

a

a copy of the existing statement, and

b

an amendment notice.

5

If, at any other time, a local education authority propose to amend a statement, they shall proceed as if the proposed amendment were an amendment proposed after a periodic review.

6

An amendment notice is a notice in writing giving details of the amendments to the statement proposed by the authority.

2BProvision of additional information

1

Sub-paragraph (2) applies when a local education authority serve on a parent—

a

a copy of a proposed statement under paragraph 2,

b

a copy of a proposed amended statement under paragraph 2A, or

c

an amendment notice under paragraph 2A.

2

The local education authority shall also serve on the parent a written notice explaining (to the extent that they are applicable)—

a

the arrangements under paragraph 3,

b

the effect of paragraph 4, and

c

the right to appeal under section 326.

3

A notice under sub-paragraph (2) must contain such other information as may be prescribed.